Gujarat High Court
Jacob vs State on 7 September, 2011
Bench: V. M. Sahai, Ks Jhaveri
Gujarat High Court Case Information System
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LPA/369/2003 3/ 3 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 369 of 2003
In
SPECIAL
CIVIL APPLICATION No. 10111 of 2002
For
Approval and Signature:
HONOURABLE
MR.JUSTICE V. M. SAHAI
HONOURABLE
MR.JUSTICE KS JHAVERI
=========================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================================
JACOB
K PHILIP - Appellant(s)
Versus
STATE
OF GUJARAT & 1 - Respondent(s)
=========================================================
Appearance :
MR
NK MAJMUDAR for
Appellant(s) : 1,
MR JK SHAH AGP for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE V. M. SAHAI
and
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 06/09/2011
ORAL
JUDGMENT
(Per : HONOURABLE MR.JUSTICE V. M. SAHAI)
1. We have heard Mr. SB Suthar learned counsel holding brief of Mr. NK Majmudar for the appellant and Mr. JK Shah learned AGP for the respondent.
2. This intra Court Letters Patent Appeal has been filed challenging the judgment dated 25.11.2002 passed by the learned Single Judge in S.C.A. No.10111 of 2002 by which the learned Single Judge has recorded a finding that in absence of any Rule, interest could not be awarded on Commuted Pension.
3. Learned counsel for the appellant could not place any Rule before us, which demonstrates that on Commuted Pension, interest is payable. However, the appellant has been paid interest on Gratuity amount. Learned Single Judge has dismissed the writ petition summarily. We do not find any illegality in the impugned order passed by the learned Single Judge. This appeal is devoid of any merits and is, accordingly, dismissed.
[V.M. SAHAI, J.] [K. S. JHAVERI, J.] Pravin/* Top